Jocelyn Larkin

9th Circuit: "evidentiary proof" in support of class action certification need not be "admissible evidence."

The Ninth Circuit recently ruled that evidence offered in support of class certification need not meet standards for admissibility at trial.  In a published opinionSali v. Corona Regional Medical Center, No 15-56460 (9th Cir. May 3, 2018), the panel reversed and remanded the district court’s determination that plaintiffs failed to satisfy typicality, adequacy, and predominance. 

SCOTUS RULING AT ODDS WITH H.R. 985, WHICH WOULD PERMIT IMMEDIATE APPEALS OF ALL CLASS CERTIFICATION ORDERS

While the Microsoft case is a clear victory for corporate defendants, there is some language in the opinion that may be useful in another important fight in a different venue. H.R. 985, the anti-class action bill passed earlier this year by the House, would permit an interlocutory appeal from every class certification order. The high court’s opinion strongly endorsed a contrary perspective – it highlighted the wisdom of Rule 23(f)’s “careful calibration” of the question as well as the preference for determining such issues through rulemaking rather than legislation. Senate Judiciary Committee, are you listening? 

Ninth Circuit: "Fortuitous Non-Injury" Does Not Defeat Class Certification

The recent appellate decision affirming class certification, Ruiz Torres v. Mercer Canyons Inc.No. 15-35615 (9th Cir. Aug. 31, 2016), written by Judge Milan Smith, skillfully addresses the issues of informational injury, non-injured class members, class definition, and aggregate damages while scrupulously declining defendant's invitation to engage the underlying merits. 

SCOTUS Denies Cert in Wal-Mart Stores v. Braun

On April 4, the U.S. Supreme Court denied cert in Wal-Mart Stores v. Braun, a wage and hour class action brought on behalf of 187,000 hourly Wal-Mart workers in Pennsylvania.  The case was tried in the Pennsylvania state court in 2006, and Michael Donovan and his team obtained a $188 million verdict for the workers. The heart of the appellate dispute was Wal-Mart’s decision to stop keeping records of wage and hour violations.

The Underground Guide To Class Action Slang (part One)

Over the past half-century, class actions have changed the world for the better:  desegregating schools and workplaces, ensuring clean air and water, and exposing unsafe products and corporate fraud.  But, have you considered their impact on the English language?  Class actions have spawned some inventive slang, which can be bewildering to practitioners new to the field, much less to ordinary folks.  We’re here to help with this, the Impact Fund Class Action Dictionary. 

Ninth Circuit Win For Transparency

The Ninth Circuit’s decision in The Center for Auto Safety v. Chrysler Group, decided January 11, 2016, adopted a new standard for district courts to use in deciding whether the public has a right to access court records filed by the parties under seal.   The decision will go a long way to ensure that corporations cannot hide evidence of misconduct that may threaten public safety.   The decision also has important implications for class action litigators.